Perhaps most disturbing, Mr. Holder utterly rejected any judicial supervision of a targeted killing…
Mr. Holder said that could slow a strike on a terrorist. But the FISA court works with great speed and rarely rejects a warrant request, partly because the executive branch knows the rules and does not present frivolous or badly argued cases. In Mr. Awlaki’s case, the administration had long been complaining about him and tracking him. It made an earlier attempt to kill him.
Mr. Holder said such operations require high levels of secrecy. That is obvious, but the FISA court operates in secret, and at least Americans are assured that some legal authority not beholden to a particular president or political party is reviewing such operations…
The administration should seek a court’s approval before killing an American citizen, except in the sort of “hot pursuit” that justifies the police shooting of an ordinary suspect. There should be consequences in the event of errors — which are, tragically, made, and are the great risk. And the administration should publish the Office of Legal Counsel memo. We cannot image why Mr. Obama would want to follow the horrible example set by Mr. Bush in withholding such vital information from the public.
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